Claim Missing Document
Check
Articles

Found 23 Documents
Search

JUDICIAL OVERREACH OR DUTY? THE CONSTITUTIONAL LIMITS OF ELECTORAL LAW-MAKING BY THE COURT (ANALYSIS OF DECISION NO. 62/PUU-XXII/2024) Ali Faisal; Achmad Sodik Sudrajat; Fikri Habibi
Ajudikasi: Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v10i1.12584

Abstract

This article examines the constitutional limits of judicial law-making by the Indonesian Constitutional Court in electoral legislation, with a focus on Decision No. 62/PUU-XXII/2024. This ruling invalidated the presidential candidacy threshold in Article 222 of Law No. 7 of 2017 and introduced five guidelines for the legislature to reform the presidential nomination system. These directives have raised questions about whether they constitute legitimate constitutional interpretation, a constitutional directive, or unauthorized judicial law-making that encroaches on legislative authority. Using a normative legal methodology, this study analyzes relevant statutes, case law, and scholarship on the separation of powers, judicial review, judicial activism, judicial restraint, and the doctrines of positive and negative legislation. The findings show that while judicial law-making can result from constitutional adjudication, its legitimacy depends on constitutional authority, interpretive necessity, legislative discretion, institutional competence, and the strength of the court's legal reasoning. Accordingly, the five guidelines in Decision No. 62/PUU-XXII/2024 should be viewed as constitutional directives, not legislative substitutes, as long as they serve as external parameters that protect the legislature's policy-making authority.
Implementation of Good Governance Principles in Land Certificate Submission Services at the Agrarian and Land Affairs Office (ATR/BPN) of Bandung City Bria Laurensia Chandra; Caesar Octoviandy Purba; Achmad Sodik Sudrajat; Nur Imam Taufik
Escalate : Economics and Business Journal Vol. 4 No. 3 (2026): Escalate : Economics and Business Journal
Publisher : Takaza Innovatix Labs Ltd.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61536/escalate.v4i3.853

Abstract

Land certificate handover is the final stage of land services, which plays a crucial role in providing legal certainty to the public. This study aims to evaluate the implementation of Good Governance principles, identify obstacles and their root causes, and formulate efforts to optimize land certificate handover services at the Bandung City Land Office. The study used a descriptive qualitative approach. Informants were selected purposively, including leaders and relevant officials, service officers, and community service users. Data were collected through observation, interviews, documentation, and literature review. Data analysis was conducted through data reduction, data presentation, conclusion drawing, and Root Cause Analysis (RCA). The results of the study indicate that the implementation of Good Governance has generally been running well through transparency, accountability, ethical behavior and participation, effectiveness, efficiency and sustainability, and the rule of law. However, obstacles remain in system integration, land data validation, service capacity, inter-unit coordination, infrastructure, and public understanding. In conclusion, optimizing Good Governance requires strengthening coordination, administrative digitization, human resource capacity, archive management, and service socialization.
Implementasi Kebijakan Pengawasan Metrologi Legal melalui Edukasi di Media Sosial Direktorat Metrologi Ariana Nashya Sandi Putri; Achmad Sodik Sudrajat; Hendrikus Tribawanto Gedeona; Siti Widharetno Mursalim
Jurnal Studi Ilmu Sosial dan Politik Vol 5 No 1 (2025): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jasispol.v5i1.5326

Abstract

Purpose: This study analyzes the implementation of the Legal Metrology supervision policy through Instagram-based education by the Directorate of Metrology. It evaluates digital communication effectiveness and identifies factors influencing policy implementation to ensure accurate measurements and consumer protection.Methodology: This study employs a descriptive qualitative approach using Van Meter and Van Horn’s policy implementation theory. SWOT analysis was also conducted to identify internal strengths and weaknesses, external opportunities and threats, and formulate strategic recommendations.Results: Instagram has been moderately effective in supporting policy implementation and public education, but its potential remains underutilized due to limited human resources, organizational constraints, and low public engagement.Conclusions: The Directorate of Metrology has advanced digital public education. Strengthening human resources, improving content quality, and enhancing outreach strategies are essential to increasing policy effectiveness and public trust.Limitations: This study is limited to qualitative analysis and does not include quantitative measurements of social media engagement or comparisons with other governmental institutions.Contributions: This study extends Van Meter and Van Horn’s policy implementation theory by integrating contemporary digital governance perspectives to examine the effectiveness of social media in legal metrology supervision and public education. It provides theoretical and practical insights into optimizing digital communication strategies, strengthening public engagement, improving policy implementation, and enhancing consumer protection.